Sale of Printed or Embroidered Goods - Our Policy

TERMS OF SALE - Dawson Designs

This page (together with the documents referred to on it) explains to you the terms and conditions on which we supply any of the printed or embroidered products. Please read these terms and conditions carefully before ordering any Products or services from us. You should understand that by ordering any of our Products or services, you agree to be bound by these terms and conditions.

Please note that we limit our liability at paragraph 13 below. You can print a copy of these terms and conditions for future reference.

A) Information about us.

Dawson Designs is a company run by a single person in Scotland UK but throughout this document may be referred to as “us or we” for possession purposes.

B) Your Status

1. By placing an order with us, you warrant that:

a) You are legally capable of entering into binding contracts;

b) You are at least 18 years old.

c) That any files or artwork you send are owned by you or you have full copyright permission to use any images or text included in the files sent.

d) You agree that any files you send are not inappropriate, sexually explicit or deemed offensive in anyway (explained in section B part 1 d.1)

d.1) Offensive refers to actions, remarks, or behaviors that upset or embarrass people because they are considered rude or insulting. It can include language that is deemed sexist, racist, or otherwise discriminatory, and perceptions of what is offensive can vary widely among different cultures and individuals. Generally, something is considered offensive if it causes offense or is unpleasant to others.

e) We reserve the right to refuse to print or embroider any item purchased if we feel these are breached. You will be refunded and notified of our actions.

C) How the Contract is Formed Between You and Dawson designs.

1. Your order constitutes an offer to us to buy a Product or Product services. All orders are subject to acceptance by us, and we will confirm such acceptance to you by electronic notification at the end of the ordering process (the "Order Confirmation"). We are unable to issue a confirmation until such time as the ordering process is complete. The contract between us will only be formed when we send you the Order Confirmation. Once the Contract has been formed, the terms of the Contract cannot be varied without our prior written consent.

2. As the products you order will have been made to your specification or personalised by you, you have the right to change the design of any of the products you ordered until 24 hours after you placed the order. Once that 24 hour window has passed you will no longer be able to change the design.

3. If you wish to cancel your order you must do so within the first 24 hours of placing your order, if no request is done in that first 24 hour window your order may be cancelled but you will be void of receiving a refund as your items will have begun processing.

D) Material and Information Provided by You

1. Whenever you make use of a feature that allows you to send material via electronic communications to us you must comply with the content standards set out in section B paragraph 1.c and 1.d of our policy. You warrant that any such material does comply with those standards, and you indemnify us for any breach of that warranty.

2. In addition to complying with our policy, you agree that all material sent via electronic communications will be done at your own risk. You must retain a copy of all material you upload. We expressly exclude all liability for any sent material which is lost during or after the process.

3. Failure to follow our preparatory instructions for your material may result in Products of poor quality. We accept no responsibility for poor quality Products in those circumstances.

4. You must not send any material that will breach any third party rights to such material unless you have their express consent. We have the right to disclose your identity to any third party claiming that any material uploaded by you to our site constitutes a violation of their rights.

5. We have the right to remove any material sent or uploaded by you or not to fulfil any order if, in our opinion, such material does not comply with the content standards set out in our policy.

5.1. You will receive a full refund of any sums already paid for an order we do not fulfil for these reasons.

6. You agree only to provide someone else's personal information if they have given you express consent to use it in respect of the Products you have ordered to which you can provide proof.

7. Personal information is processed and stored in accordance with our Privacy Policy.

8. We will only store the sent or uploaded content for the duration of the sale. Once complete all imaging or text will be deleted 24 hours after the item is collected or shipped.

E) Approvals

1. Prior to producing fully customised Products, we may make an electronic proof of the Product available for your approval if the design or consumer requires it. These will be sent to the e-mail address on the order. You are responsible for approving these proofs. You accept that once you have approved the proof, the Products cannot be changed nor cancelled. We shall have no liability to you for any errors in the proof subsequently discovered by you. Your order will not begin processing until the proof is accepted and written consent via e-mail to continue with the order is received.

2. Your statutory rights are not affected by these terms and conditions.

F) Availability & Delivery

1. Unless there are exceptional circumstances, after we have received your acceptance of approval(if required), your Products will usually be despatched for delivery between 7- 10 working days or as otherwise specified.

2. Where delivery is delayed due to circumstances out of our control, we will complete the work as soon as we reasonably can. But you will be notified of this.

G) Non-Delivery

1. You must notify us within 30 days of any failure on our part to deliver the Products in order that we can investigate the failure and take appropriate action.

2. The earliest date we can claim against the Post Office for non-delivery is 15 working days from the date of despatch. We cannot process a reprint before this time. You should notify us by email if your goods have not arrived after 15 working days.

3. Once you have notified us in accordance with paragraph 2, we will then send you a form to complete and return to us. Once the form is received we will redeliver Products to you, at no further cost or expense to you.

H) Quality

1. We shall try to meet your colour requirements where files are submitted in jpeg, png, svg format in respect of the Products. You accept that variations in colours are inherent within the printing process for files submitted in other formats. You also understand and accept that computer hardware set ups are such that we cannot guarantee that the Product colours will match those displayed on your computer screen during the ordering process.

I) Risk & Title

1. The Products will be at your risk from the time of delivery.

2. Ownership of the Products will pass to you on delivery.

J) Price & Payment

1. The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.

2. These prices do not include VAT as we do not currently charge VAT on any of our services.

3. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.

4. We do not store any payment information including Paypal, credit or debit card data unless you give your consent to do so. Any information consented for storage will be done so following correct GDPR procedure.

K)Our Replacement Policy

1. If you believe that a Product you have received is defective, we will ask you to return them to us for our examination. Once we receive the item back we will inspect the item and If we agree that the Products are defective and that we are at fault, we will reprint the Products free of charge or offer a refund.

2. We will not replace any items that are damaged or ruined if the product care requirements are neglected or followed incorrectly, for example washing an item at 60 degrees when care instructions state 30 degrees or using hot water in a cold cup.

3. We will not replace an item any older than 60 days as wear and tear will come naturally to every item.

L) Claims

1. Claims for damage, shortages or non delivery must be advised by email within 30 days from the date that the Products were despatched.

2. We shall not be liable in respect of any claim unless we are notified in accordance with paragraph L.1 except where you demonstrate to our reasonable satisfaction that it was not possible to comply with this requirement and your claim was made by you as soon as reasonably possible thereafter.

M) Our Liability

1. Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product (including delivery costs).

2. We do not exclude or limit in any way our liability: a) For death or personal injury caused by our negligence; b) Under section 2(3) of the Consumer Protection Act 1987; c) For fraud or fraudulent misrepresentation; or d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

3. Whether caused by our negligence, breach of contract or breach of duty, we exclude all liability for: a) Any direct loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time; or b) Any indirect or consequential loss or damage of any kind however arising, even if foreseeable.

N) Written Communications

1. When using our site, you accept that communication with us will be by electronic means only. We will contact you by e-mail or provide you with information by posting notices on our website and social media. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

O) Transfer of Rights & Obligations

1. The Contract is binding on you and us for products or product services required.

2. You may not transfer, assign, change our Contract, or any of your rights or obligations arising under it, without our prior written consent.

3. We may cancel a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

P) Events Outside of Our Control

1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: a) Strikes, lock-outs or other industrial action; b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; e) Impossibility of the use of public or private telecommunications networks; and f) The acts, decrees, legislation, regulations or restrictions of any government.

3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

Q)Severability

1. If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

R) Entire Agreement

1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other parties only remedy shall be for breach of contract as provided in these terms and conditions.

S) Our Right to Vary these Terms & Conditions

1. We have the right to revise and amend these terms and conditions from time to time.

2. You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

T) Law & Jurisdiction

1. Contracts for the purchase of Products through our site will be governed by the laws of Scotland. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of Scotland.

If you have any questions regarding our terms and conditions of Printed or embroidered Goods, we are more than happy to discuss them with you, please contact us directly at carmendawson92@gmail.com or find us on Facebook.